Criminal Law: Strict Liability: Dangerous Drugs Act -Jamaica

Below are important sections of The Dangerous Drugs Act :

1. Definition of Ganja:
Section 2: “ganja” includes all parts of the plant known as cannabis sativa from which the resin has not been extracted and includes any resin obtained from that plant, but does not include medicinal preparations made from that plant;

2. Taking Steps preparatory to exportation of dangerous drugs:
Section 13 (5) : Every person who exports, causes to be exported, or takes any steps preparatory to exporting, any dangerous drug from the Island except under and in accordance with, the provisions of this Act shall be guilty of an offence against this Act.

Section 7A (1) Every person who imports or exports or takes any steps preparatory to exporting ganja shall be guilty of an offence…

(2) Where there is evidence-

(a) that the ganja for which an accused person has been charged under this section is packaged in such a way as to make it reasonably suitable for exporting; or
(b) that the ganja for which a person is charged was found to be in or at any prescribed port or place,

that evidence shall be prima facie evidence of steps being taken preparatory to the exporting of the ganja by the person charged.

Section 7B. Every person who deals in ganja; or

(a) cultivates, gathers, produces, sells or otherwise deals in ganja; or

(b) being the owner or occupier of any premises, uses such premises for the cultivation or storage of ganja or the selling or otherwise dealing in ganja or knowingly permits such premises to be so used;
or
(c) uses any conveyance for carrying ganja or for the purpose of selling or otherwise dealing in ganja, or being the owner or person in charge of any conveyance, knowingly permits it to be so used,

shall be guilty of an offence

3. Possession of Ganja :

Section 7C : Every person who has in his possession any ganja shall be guilty of an offence…

>>>Case Law:

1. Warner v Metropolitan Police Commissioner [1969] 2 AC 256 (upheld in R v McNamara (1988) 87 Cr App R 246) :

This case concerned possession of prohibited drugs. D who sold scent as a side line, collected two boxes which had been left for him at a cafe. One box contained scent, the other controlled drugs. D said he assumed both boxes contained scent.The Court of Appeal held that if D was in possession of the box and he knew the box contained something, he was inpossession of the contents, whatever they were.

-Criminal Law by J.C. Smith & Brian Hogan 7th edition

2. R v Lewis (1987) 87 Cr App R 270 :

The tenant of a house might be found to be in possession of drugs found on the premises although he did not know they were there provided he had the opportunity to find out that they were. Possession was being 'knowingly in control of a thing in circumstances which have involved an opportunity (whether availed of or not) to learn or discover, at least in a general way, what the thing is'.

-Smith & Hogan Criminal Law by David Ormerod 11th edition

3. R v Brian Bernal & Moore P.C App 56/96 [28.4.97]:

Issue: What is the Mens Rea required where accused charged with possession of ganja which is in a sealed container?

The court must be satisfied that the accused knew :

a. that he had the container; and

b. that the prohibited substance was in the container

4. R v Sylmore Dawkins RMCCA 77/89 [6.3.90] :

At a Jamaican airport a police dog sniffed out a piece of luggage while it was at the baggage chute. The baggage tag bore the name of Sylmore Dawkins. Dawkins claimed the suitcase when he was boarding the plane. When the suitcase was opened several tins were found and in them were vegetable matter resembling ganja.

Issue : was there sufficient evidence from which the inference could be drawn that the appellant had knowledge that the tins contained ganja?

The court held that the totality of the evidence was sufficient, to allow the learned resident magistrate to draw the inference she did and to conclude from all the circumstances that the appellant knew that ganja was in the tins.

- Harrison's Law Notes & Materials (2000)

Section 7D. Every person who-

(a) being the occupier of any premises knowingly permits those premises to be used for the smoking of ganja; or

(b) is concerned in the management of any premises which he knows is being used for such purpose as set out in paragraph (a); or

>>> Case Law :

1. Westminster City Council v Croyalgrange Ltd [1986] 2 All ER 353 :

...it is always open to the tribunal of fact...to base a finding of knowledge on evidence that the defendant had deliberately shut his eyes to the obvious or refrained from enquiry because he suspected the truth but did not want to have his suspicions confirmed.

c) has in his possession any pipes or other utensils for use in connection with the smoking of ganja; or

(d) smokes or otherwise uses ganja, shall be guilty of an offence